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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY SUBSCRIBING TO THE “SENDIGO” EMAIL AND MOBILE TEXT MESSAGING SERVICE (HEREINAFTER REFERRED TO AS “THE SERVICE”) THE CUSTOMER ACCEPTS TO USE IT IN COMPILANCE WITH THE TERMS OF USE STATED BELOW.

By purchasing, accessing or otherwise using the Service, the Customer agrees to be bound by this Agreement. The customer should retain a copy of this Agreement for their records. If the Customer does not agree with the Terms and Conditions of this Agreement, they should not use the Service.

WHO THIS AGREEMENT APPLIES TO:

Sendigo SIA, a limited liability company incorporated in the Republic of Latvia, European Union (number 40103470669) with its registered address at Valguma 4a-29, Riga, LV-1048, Latvia (us or we)

Your company or organisation (you or the customer).

1. SERVICE

SENDIGO provides the Service, which enables the Customer to manage a contact list and use the automated promotion tools with the email marketing system, which, in particular, includes the following: (a) email delivery mechanism, (b) a list-builder, (c) mobile text message broadcasting mechanism and (d) other advanced automation features.

2. CUSTOMER OBLIGATIONS

The Service is provided to registered users, in other words “the Customer”. The Customer may choose their username and password, hereinafter referred to as the “username details”. The Customer is responsible for keeping the secrecy of their username details. On registration to the Service, the Customer agrees to: (a) fill out the registration form with current, complete, and accurate data; (b) maintain and promptly update this data so that it is as current, complete and accurate as possible; (c) choose an account type and subscription plan; (d) pay in due time all the fees accrued to the use of the Service; (e) abide by the Terms of Use stated herein as well as the SENDIGO Anti-Spam Policy or their amended versions and any other policy developed, published and formulated by SENDIGO; (f) send or stream through the Service only such materials that they have full rights to use and publish on the Internet; (g) conform to the rules relating to sending out electronic messages, in particular, commercial electronic messages and the processing of personal data in force in the country of the Customer’s residence as well as US laws (the CAN SPAM Act) and anti-spam laws.

The Customer should represent that they either act as a consumer or conduct a business activity and use the Service for the purposes of such activity.

The Customer realizes that they are solely responsible for the content of the materials which are sent or streamed by means of the Service and all the information and materials sent through the Service are sent to recipients by the Customer, not by SENDIGO. Any and all communication through the Service is transmitted between the Customer and their recipients. As a result, even though a certain recipient may have opted-out from receiving communications from SENDIGO, such a recipient may receive certain Service-related emails sent by the Customer. In addition, if applicable, SENDIGO may send announcements and/or emails to the Customer’s recipient in the Customer’s name, as the Customer’s agent, at the Customer’s request and on the Customer’s behalf. The Customer is solely responsible for such emails and the contents thereof.

The Customer expressly agrees that the use of the Service is at their sole risk and realizes that they are solely responsible for any actions or omissions related to the processing of personal data or sending out electronic messages by means of the Service through their account and accepts the fact that the Service is provided on an “as is” basis, without guarantees of any kind.

Without any limitations, the Customer is particularly obliged not to send unsolicited messages (“spam”).

The Customer have no rights to delete any individual Contact record from a list for 72 hours if there is sent email to this Contact.

The Customer must provide accurate and true registrant contact details and is required to maintain and promptly update this data so that it is as current, complete and accurate as possible. SENDIGO reserves the right to suspend or terminate the Customer’s account and refuse any and all current or future use of the Service, should the Customer provide any information that is untrue, not current, inappropriate or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by SENDIGO.

The Customer may not take any action that imposes unreasonable or disproportionately large load on the website network or other SENDIGO service infrastructure.

SENDIGO reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel placed orders at its sole discretion. SENDIGO reserves the right to refuse with an immediate effect any and all current or future use of the Service to any Customer who intentionally or maliciously evades the obligations stated in these Terms of Use, SENDIGO Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.

SENDIGO reserves the right to issue a warning should a Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as disabling the Customer’s account, terminating the Service, and/or reporting the Customer and the incident to the proper authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.

The Customer gives their express consent to receive commercial information about the products and services of SENDIGO.

3. ABUSIVE AND ILLEGAL PRACTICES

1. The Customer is not allowed to use the Service to send any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.

2. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Use. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or offer to sell any goods or services that: (a) are unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, slanderous, deceptive, fraudulent, invasive of another person’s privacy, tortuous, or otherwise violate SENDIGO’s rules or policies; (b) victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability; (c) associate any content streamed through the Service with pornography, adult-related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company; (d) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting of pictures, logos, software, articles, musical works and videos; (e) contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party; (f) impersonate any person or entity, including any of our employees or representatives; (g) violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising; (h) offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice; (i) are associated with any form of gambling, betting or bingo- or lottery-type services; (j) are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites; (k) are associated with the sale of: (i) any controlled drug that requires a prescription from a licensed practitioner; or (ii) any over-the-counter drug, or (iii) non-prescription drugs; (l) are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters; (m) are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons; (n) market for: (i) nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine; (ii) alcohol of any kind; (iii) drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind; (iv) medical services, medical aid, medical assistance, medicines; (v) video lotteries, cylindrical games, card games, dicing, and automated games; (o) use the Service to call on minors directly to purchase products or services; (p) encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service; (q) take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons; (r) unreasonably show minors in dangerous situations, or (s) use the Service to affect the subconscious of a recipient. (t) add, remove or modify the identifying header information, in an attempt to deceive or mislead the recipient; (u) attempt to impersonate any person or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation.

3. The foregoing list is non-exhaustive of prohibited goods and services.

4. PAYMENTS

The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen subscription plan or invoices delivered from Sendigo.

The subscription payment includes the down-payment fee for (i) the subscription to the Service account with a chosen contact list, (ii) Email, Phone and online Chat at Sendigo Panel, (iii) special features as can be described on the Service website.

If Customer chosen subscription plan, access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan, upon receiving the subscription payment.

If Customer chosen to buy Service mailing credits, access to the Service shall be provided to the Customer for a certain period till last Service mailign credit is available

The Customer agrees to pay recurring fees for the subscription, per the subscription plan. The recurring and other fees are based on agreed between Customer and Sendigo before starting to use Services.

Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon receipt of each payment, SENDIGO will issue an invoice for the Service within 30 days. The Customer expressly agrees to receive invoices issued by SENDIGO by electronic means of communication.

The recurring payment of the actual amount for a chosen subscription plan will be issued on the first day after the expiration date of the subscription (hereinafter referred to as the “recurring date”). If the recurring is unsuccessful at that point, SENDIGO will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service. SENDIGO is not responsible for any fees charged by the issuers of the credit cards (PayPal)

This payment will be added to the payment for following month, unless the Customer surpasses the Customer’s agreed list size by three levels or more, in which case our customer support team will contact the Customer for an immediate payment and the Customer’s ability to add more subscribers will be blocked until the supplementary payment is received.

The Customer may change the subscription plan for the next subscription period without any charges.

SENDIGO reserves at its sole discretion the right to change the fees for the Service subscription, they take into effect only when agreed by Client.

5. TERMINATION OF SERVICE

The Customer may terminate the Service at any time with effect from the day in which the paid subscription has expired. Termination of the Service does not affect the Customer’s obligation to pay any late payments related to the use of the Service.

Unless expressly or explicitly mentioned in these Terms of Use, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due.

If the Customer wishes to terminate the Service, they are required to send a cancellation request to the Billing Department at E-mail Support and provide at least the account name and the email address, no later than two business days prior to the recurring date.

SENDIGO reserves at its sole discretion the right to terminate the SENDIGO account in the event of not receiving a due payment or a recurring payment.

SENDIGO reserves at its sole discretion the right to instantly terminate the Service in the event: (i) that the Customer is found to be using SENDIGO for spam activities (as per the SENDIGO Anti-Spam Policy), or (ii) of other abusive or illegal practices, as mentioned in Section 3 above, or (iii) that the Customer does not conform to any of their obligations as referred to in Section 2 above. Moreover, SENDIGO reserves at its sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.

In the aforementioned situations, the Service will be terminated with immediate effect. Any advance-payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. SENDIGO will not perform any recalculation of the advance-payment amounts.

6. ANTI-SPAM POLICY

SENDIGO constitutes the SENDIGO Anti-Spam Policy as an inherent part of these Terms of Use.

7. CUSTOMER SERVICE

SENDIGO provides Email, online Chat and Phone Customer Service to the Customer. When requesting customer service, the Customer should provide at least the account name and their name. SENDIGO does not investigate or take any action based on “anonymous” support requests.

The Customer may address all questions and doubts, or submit their complaint and report errors via email to the SENDIGO Customer Support Department at e-mail [email protected] , via online chat at Sendigo Panel, or call phone number in Latvia: +371 2784 8477.

SENDIGO assures that a response shall take place within two business days after receiving a request from the Customer. The Customer Support Department will investigate the problem as soon as possible and advise the Customer on how the issue will be or has been processed.

The Customer has the right to be advised about the processing status of their issue. Should any problem with the Service occur, SENDIGO assures that all measures shall be undertaken to solve it as soon as feasible.

8. TECHNICAL REQUIREMENTS

SENDIGO assures that the Service will operate with the latest stable version of Google Chrome, Mozilla Firefox, Internet Explorer, Opera and Safari. Despite all our best efforts, SENDIGO cannot guarantee that all elements of email templates available in the Service will be displayed correctly on all Mail User Agents.

9. COPYRIGHTS AND TRADEMARKS

All content included on the Sendigo.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of SENDIGO or its content suppliers and protected by Latvian, EU, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.

Sendigo, Foxy and Sendigo.com are pending trademarks of Sendigo SIA (registered in the Republic of Latvia, European Union).

Trademarks of SENDIGO may not be used in conjunction with other companies’ products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits SENDIGO, its products and services

10. PRIVACY

SENDIGO constitutes the Privacy Policy as an inherent part of these Terms of Use. SENDIGO will never use the information about the Customer, or their customers, that is collected within the Service, to send any unsolicited messages or information, nor share it with or sell it to anyone else for such use, according to the SENDIGO Privacy Policy.

To perform the Agreement, SENDIGO shall collect personal information, such as, but not limited to: (i) the Customer’s first name, (ii) last name, (iii) address, (iv) credit card number, (v) identification numbers, such as tax identification number, (vi) phone number, (vii) email address, that is not otherwise publicly available. SENDIGO may also collect some personal information that will allow the use of some functions of SENDIGO, e.g. username and password to Twitter.

SENDIGO will keep the personal data given by the Customer as long as required in order to perform their obligations under this Agreement.

The Customer recognizes that they are the controller of all personal data given to SENDIGO to process. SENDIGO shall be responsible for ensuring sufficient security measures for processing personal data given by the Customer.

The Customer shall have sole responsibility for any and all information used and submitted in connection with the Service. SENDIGO shall have no responsibility thereto. The Customer shall comply with all data protection and privacy laws and rules applicable to third parties’ information. The Customer shall defend, indemnify, and hold SENDIGO harmless from any claim, suit or proceeding brought against SENDIGO by third parties in connection with any acts or omissions with regards to such information. The Customer may refer their clients to the SENDIGO Privacy Policy. SENDIGO shall accept no responsibility for the Customer’s privacy policies and for processing their personal data by the Customer. The Customer agrees and acknowledges that their information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which SENDIGO maintains offices, including the United States.

Unless it is required to do so by law, SENDIGO will not provide any Customer’s personal data to third parties other than its employees, affiliates or contractors to such an extent as is required in order to perform the Service for the Customer.

11. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES

SENDIGO guarantees an average up-time of 99.6% per month of the Service on the condition of full availability of the services of its Internet and Telecom Providers.

SENDIGO does not guarantee any minimum response times nor deliverability times in connection with performance of the Service.

All relevant files on the SENDIGO server, including those containing the Customer’s personal data and information stored and processed on SENDIGO servers through the Service, are backed up and stored in a fire- and theft-protected location which is separate from the location of the SENDIGO servers.

SENDIGO DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. SENDIGO DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

For breach or default by SENDIGO of any of the provisions of these Terms of Use, SENDIGO’s entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by the Customer for the Service that is the subject of the claim in one month immediately preceding the date the Customer notifies SENDIGO of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by SENDIGO to the Customer.

IN NO EVENT WILL SENDIGO NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF SENDIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

SENDIGO shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the Customer to comply with their obligations under these Terms of Use.

SENDIGO is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond SENDIGO’s reasonable control. SENDIGO is not responsible for short, temporary and accidental suspension of the Service, as a result of circumstances which SENDIGO could not foresee or suspect.

The Customer recognizes that SENDIGO does not own or control other networks, information and systems outside of its own network, nor is SENDIGO responsible for performance or non-performance within such networks. SENDIGO exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.

SENDIGO may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service.

SENDIGO may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. SENDIGO will give the Customer such notice of the maintenance as is reasonably practicable in the circumstances, provided that, in the event of scheduled maintenance that would last for more than one day, SENDIGO will use reasonable efforts to give the Customer at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

The Customer acknowledges that the use of the Service is at their sole risk and SENDIGO is in no way responsible for the conduct of the Customer and/or the content of messages sent through the Service. The Customer hereby indemnifies, and holds harmless, SENDIGO and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the wilful misconduct or negligent acts or omissions of the Customer or the Customer’s officers, agents, employees or subcontractors. SENDIGO shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which SENDIGO will require such indemnification from the Customer. SENDIGO will provide the Customer with reasonable information and assistance to defend such a claim, demand, or cause of action.

The Customer hereby agrees to indemnify, defend and hold harmless SENDIGO, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney’s fees and costs) of any nature whatsoever incurred or suffered by SENDIGO (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on; (a) any claim or threatened claim that the Customer’s use of the trademarks infringes on the rights of any third party; (b) the breach of any representation or warranty made by the Customer herein; or, (c) or any claim related to the Customer’s site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CUSTOMER. THIS WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS AND THE CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

12. FINAL PROVISIONS

The illegality, invalidity or unenforceability of any provision of these Terms of Use shall not affect the legality, validity and enforceability of any other provisions hereof.

It is also understood and agreed by the Parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Use will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Use.

SENDIGO reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the http://www.sendigo.com website, including these Terms of Use, at any time without prior notice. The Customer agrees that their continued use of the Service after such an update will constitute their acceptance of and agreement to be bound by the updated Terms of Use. The most current version of the Terms of Use is available at any time at: http://www.sendigo.com/terms-of-use

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Latvia, excluding any such laws that might direct the application of the laws of another jurisdiction.

The law of the Republic of Latvia and the court of local jurisdiction of Sendigo SIA shall be the governing jurisdiction.

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